The North American Free Trade Agreement (NAFTA) created special economic and trade relationships between Canada, Mexico and the United States. Within the provisions of NAFTA, a nonimmigrant professional work classification was carved out, allowing citizens of Canada and Mexico, as NAFTA professionals, to work in the United States under the TN visa. The classification only applies to citizens of the NAFTA countries, not residents.

NAFTA PROFESSIONAL (TN) WORKER ELIGIBILITY

Canadians and Mexicans may be eligible to work in the U.S. under the TN classification if the following requirements are met:

• TN Worker is a citizen of Canada or Mexico;
• Profession is on theNAFTA professions list;
• Position in the United States requires a NAFTA professional;
• TN Worker will work in a prearranged full-time or part-time job for an employer (self-employment is not permitted);
• TN Worker has the qualifications for the job: meeting the education and / or experience requirements of the profession as indicated on theNAFTA professions list.

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor’s degree is listed. For some professions, experience is required in addition to the degree.

Contact us today for a comprehensive review of your case to see what nonimmigrant visa classification is best for you or your employees.